Yesterday, Bill C-8, Combating Counterfeit Products Act was introduced by the government. This is a re-introduction of Bill C-56 from the previous session and the Bill has been fast tracked to committee stage based on the status of Bill C-56 prior to prorogation.
Category Archives: Daily Alert
European Trade Agreement
Canada and the EU have signed a trade agreement, CETA, which has several IP related provisions. Based on the government’s summary and media reports, these include geographic indicators, patent term extensions of up to two years and changes to the PM(NOC) Regulations.
Appointments and Retirement
Justice Marc Nadon of the Federal Court of Appeal was appointed to the Supreme Court of Canada yesterday. He was a judge of the Federal Court and Federal Court of Appeal since 1993.
Justice Snider of the Federal Court, who wrote many leading intellectual property decisions, is retiring effective October 12, 2013. Also, earlier this week the government appointed judges to the British Columbia, Manitoba, Nova Scotia, Ontario, PEI and Quebec courts.
Federal Court of Appeal upholds Eurocopter decision
The Federal Court of Appeal has dismissed the appeal and cross-appeal in the Bell Helicopter v. Eurocopter proceeding. The Court included discussion of inventive concept, utility, sound prediction, and punitive damages. Some quotes from the decision:
- “It seems to me that calculations and mathematical modeling are, by their very essence, a prediction of a given utility.”
- “Where a person infringes a patent which it knows to be valid, appropriates the invention as its own, and markets it as its own knowing this to be untrue, punitive damages may be awarded when an accounting for profits or compensatory damages would be inadequate to achieve the objectives of retribution, deterrence and denunciation of such conduct.”
Continue reading Federal Court of Appeal upholds Eurocopter decision
Eli Lilly Files Notice of Arbitration
Eli Lilly has filed a Notice of Arbitration in its NAFTA claim against Canada stating: “Canada’s ‘promise utility doctrine,’ applied by Canadian courts to invalidate the Strattera and Zyprexa patents, is contrary to Canada’s treaty obligations to protect patent rights and has resulted in the unlawful expropriation of Lilly’s intellectual property.”
ABB Technology v. Hyundai Heavy Industries
Justice Barnes released the trial decision in ABB Technology AG et al. v. Hyundai Heavy Industries Co., Ltd., 2013 FC 947, a patent infringement action relating to medium voltage gas-insulated switchgear. The two patents at issue were held to be obvious after contentious claim construction. Continue reading ABB Technology v. Hyundai Heavy Industries
Common List of Authorities
The Federal Court and Federal Court of Appeal have issued Notices to the Profession announcing a list of common authorities for patent and trade-mark litigation. Cases on the list are “deemed to be included in the book of authorities” but “if a party intends to refer to one of these authorities, the passage upon which they will rely should be included”. Continue reading Common List of Authorities
Varco v. Pason trial judgment
Justice Phelan held that Varco’s patent was valid and infringement in Varco Canada Limited et al. v. Pason Systems Corp. et al., 2013 FC 750. The patent at issue related to autodriller systems used in the petroleum industry, particularly for directional drilling. The proceeding was not bifurcated and the Court ordered a permanent injunction, delivery up and payment of $52 million as disgorgement of profits.
Patent Life Cycles
I’ve prepared a chart showing the twenty year ‘life cycle’ of the approximately 30,000 patent applications filed in 1992 and expired in 2012 from filing and examination to grant and abandonment. While approximately 13,000 applications (about 45%) resulted in issued patents, only about 4,000 were still in force after 20 years.
Dovden Investments Impeachment Action
For those following the patent infringement actions started by Dovden Investments Ltd. over the last couple of years, an impeachment action was started yesterday by the Canadian Urban Transit Association (PDF). Dovden Investments has started approximately one third of all patent infringement actions in Canada during the past year.